Noncompete agreement?

Question

Ive resigned from an employer but my resignation was not accepted even with a 30 day notice. Since I am the MD, I understand that they needed a replacement before I could go.The board of directors then surprised me with an unceremonious kick after 2 months,leaving only a week to turnover to the new MD.I left the company 60 days after filing my resignation and they still didn't accept it even with the new MD in place as they wanted me to manage a different office.Having refused to go to work in another office, they won't release my unused leaves pay and won't give me clearance either stating I am not resigned but AWOL.I have been looking for other work options and have found a job in the same field.My former company is theatening to sue me for a non compete agreement which I signed when I first started work.In this mess, can they win if there is a court case given I was not cleared in the first place?My work is specialist so there arent many jobs available in my field.

Answer 1

Where are you located? It matters as far as the validity of a non-compete is concerned. They are not enforceable in many places in the U.S.,; however, by your references to "MD" (which typically means "medical doctor" here rather than "managing director") and unused leaves pay, etc., I get the idea that you are from an EU country.

International employment contracts vary WIDELY by country, and every one has different provisions in terms of notice period, paymeant of leaves, non-compete validity, etc. You really need an employment lawyer who is familiar with the laws in your location to read the non-complete and your employment contract and advise you of your rights.

Sorry I can't be of more help.